Carrillo v. Placer County Superior Court

Filing 6

ORDER TRANSFERRING CASE. Case transferred to the Eastern District of California. Signed by Magistrate Judge Kandis A. Westmore on 7/1/15. (Attachments: # 1 Certificate/Proof of Service)(sisS, COURT STAFF) (Filed on 7/6/2015)[Transferred from cand on 7/8/2015.]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RAY CARRILLO,

Case No. 15-cv-02285-KAW (PR)

Petitioner,
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v.

ORDER OF TRANSFER

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PLACER COUNTY SUPERIOR COURT,
Respondent.

United States District Court
Northern District of California

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Petitioner, a state prisoner incarcerated at High Desert State Prison (“HDSP”), has filed a

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pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the validity

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of his conviction, which was obtained in Placer County Superior Court.

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A federal petition for a writ of habeas corpus made by a person in custody under the

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judgment and sentence of a state court is properly filed in either the district of confinement or the

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district of conviction. 28 U.S.C. § 2241(d). The district court where the petition is filed may

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transfer the petition to the proper district in the furtherance of justice. Id. Federal courts in

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California traditionally have chosen to hear petitions challenging a conviction or sentence in the

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district of conviction. Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); Laue v.

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Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968).

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Petitioner was convicted in Placer County Superior Court, which lies within the venue of

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the Eastern District of California. 28 U.S.C. § 84(b). He is incarcerated at HDSP, in Lassen

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County, which also lies within the venue of the Eastern District of California. Id. § 84(d). Thus,

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jurisdiction over the petition exists in the Eastern District, not in the Northern District.

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Pursuant to 28 U.S.C. § 1406(a) and Habeas L.R. 2254-3(b), and in the interest of justice,

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the Clerk of the Court is ordered to TRANSFER this action forthwith to the United States District

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Court for the Eastern District of California.

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All remaining motions are TERMINATED on this Court’s docket as no longer pending in
this Court.
IT IS SO ORDERED.
Dated: 7/1/15

______________________________________
KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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United States District Court
Northern District of California

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